- (1.) HEARD Sri P.K. Sinha and Sri P.N. Khare, counsels for landlord/petitioners and Sri G.N. Verma, Senior Advocate assisted by Dr. Madhu Tandon, counsel for tenant/con­testing respondents.
(2.) FACTS giving rise to the dispute is that petitioners purchased disputed house No.43/73-B Chowk Kanpur Nagar, on 22.4.1996. After lapse of three years, release application under Section 21 (1) (a) of U.P. Act No.XIII of 1972 (hereinafter referred to as the Act) was instituted against respondent Nos. 2 and 3. In fact, dispute relates to a shop situated on the ground floor of the said house where tenants are carrying on their business. The entire house purchased by landlord/petition­ers in fact, is three storied building. Claim of landlords is that entire building is residential save for accommodation on the ground floor, which is a shop on the front side, situated on the main market road towards south and re­maining portion of the ground floor, which is on the back side, is being used as godown by landlords. The shop in respect of which, re­lease application was instituted is in occupa­tion of respondent Nos. 2 and 3. The counsel for petitioners has placed map of the entire accommodation with a view to explain actual situation of the shop in dis­pute. It is demonstrated that there is no passage for egress and ingress to the rear portion on the ground floor or on the first and second floor from front side. There is 2-1/2 x 10 feet passage from road to upper floor, which ter­minates in a common courtyard of house No.43/73-B, Chowk, Kanpur Nagar. Copy of map is annexed as Annexure No. 1 to the writ petition.
(3.) RELEASE application was instituted in re­spect of a shop to set up own business of pe­titioner No.2, Sanjai Kumar Bajpai. Petitioner No.1 being co-owner and co-landlord to avoid unnecessary technical objection also joined hands in release application. Need set up in the release application is only that of peti­tioner No.2, who is working as a Manager with his brother-in-law's wife on salary of Rs.5,000/- per month. An affidavit of Smt. Anita Bajpai, substantiating contention of landlord/petitioners is annexed as annexure No.5 to the writ petition.;